CASE 0:24-cv-00455 Doc.

1 Filed 02/13/24 Page 1 of 13

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

MARK VINIELLO AND OVER ACTIVE Case No:

IMAGINATIONS, INC.

Plaintiffs, COMPLAINT FOR PATENT

INFRINGEMENT
v.
JURY TRIAL DEMANDED
TARGET CORPORATION,

Defendant.

Plaintiffs Mark Viniello (““Viniello”) and Over Active Imaginations, Inc. (“Over
Active”), for their complaint against Defendant TARGET CORPORATION
(“Defendant” or “Target”), hereby demand a jury trial and allege as follows:
NATURE OF ACTION
1. This is an action for patent infringement of United States Design Patent
Nos. D743,669 (“the ‘669 Patent”), D751,792 (“the ‘792 Patent”) and D792,055 (“the
‘055 Patent”) (collectively the “Asserted Patents”), arising under the patent laws of the
United States of America, Title 35 of the United States Code, and seeking damages and
other relief under 35 U.S.C. § 271, et seq.
PARTIES
2. Plaintiff Viniello is an individual and resident of California.
3. Plaintiff Over Active is a corporation organized and existing under the laws
of the state of California, with its principal place of business at 22409 Georgia Lane,
Santa Clarita, CA 91350.
4. Viniello is the owner of the ‘669 patent and the ‘792 patent.
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5. The inventors of the ‘055 Patent, Mark Viniello and Tristy Anne Viniello,
assigned ownership of the ‘055 Patent to Over Active on October 29, 2015. The signed
assignment contract is attached as Exhibit 1 and is available at https://legacy-
assignments.uspto.gov/assignments/assignment-pat-36927-650.pdf.
6. Defendant Target Corporation is a corporation organized and existing under
the laws of the state of Minnesota, with its principal place of business at 1000 Nicollet
Mall, Minneapolis, Minnesota 55403. A screenshot from
https://corporate.target.com/news-features/article/2022/04/future-of-hq-work
is attached as Exhibit 2 showing that Target Plaza is Defendant’s corporate headquarters.
A screenshot from is attached as Exhibit 3 showing that the address of Target Plaza is
1000 Nicollet Mall, Minneapolis, Minnesota 55403.
7. On information and belief, there may be other corporate affiliates of
Defendant who participated in the infringing acts complained of herein. The identities of
such affiliates are currently unknown, because publicly available information does not
permit the identification of each affiliate who participated in the infringing acts.
Plaintiffs expect the identities of such affiliates to be revealed in discovery. Plaintiffs
reserve the right to amend this Complaint to name such affiliates, if necessary, once they
have been revealed.
8. This is an action for infringement of claims of the ‘669 Patent, the ’792
Patent, and the ‘055 Patent, which were each duly issued by the United States Patent and
Trademark Office. A true and accurate copy of the ‘669 patent is attached as Exhibit 4 to
this Complaint. A true and accurate copy of the ‘792 patent is attached as Exhibit 5 to
this Complaint. A true and accurate copy of the ‘055 patent is attached as Exhibit 6 to
this Complaint.
9. This Court has subject matter jurisdiction over the parties pursuant to 28
U.S.C. §§1331 and 1338(a), because the claims arise under the patent laws of the United
States, 35 U.S.C. §§1, et seq.

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10. This Court has personal jurisdiction over Defendant because Defendant
resides in Minnesota. Defendant resides in Minnesota because its principal place of
business is in Minnesota, at 1000 Nicollet Mall, Minneapolis, Minnesota 55403.
11. This Court also has specific personal jurisdiction over Defendant because,
on information and belief, Defendant has directly infringed the claims of the Asserted
Patents by selling Mermaid shaped sleeping bags on https://www.target.com/p/the-little-
mermaid-tail-kids-39-blanket-ariel/-/A-87143855#lnk=sametab (“the Accused Products”)
within Minnesota, including within this judicial district. For the reasons set forth below,
such sales directly infringe the claims of the Asserted Patents. Thus, Defendant is subject
to specific personal jurisdiction in this district, because it has committed acts of
infringement in Minnesota, and because Plaintiffs’ claims arise out of such infringement.
VENUE
12. Venue is proper over the Defendant in this judicial district under 28 U.S.C.
§§1391 and/or 1400(b), for at least the following reasons:
13. Venue is proper over Defendant because Defendant resides in this district,
because Defendant’s principal place of business is located in this district, at 1000 Nicollet
Mall, Minneapolis, Minnesota 55403.
14. Venue is also proper over Defendant because, on information and belief,
Defendant has committed direct infringement in this district, including by selling the
Accused Products in connection with its provision of services to customers in this district.
15. Thus, venue is proper over Defendant under 28 U.S.C. § 1400(b), because
Defendant resides in this district, has committed acts of infringement in this district, and
has regular and established places of business in this district.
THE ASSERTED PATENTS
16. Mark Viniello is the sole named inventor of the ‘669 patent and the ‘792
patent.

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17. On February 25, 2013, Viniello filed with the United States Patent and
Trademark Office (“USPTO”) Patent Application no. 29/446,520 (the ‘520 application)
directed to his inventions. On November 24, 2015, the USPTO issued the ’669 patent
from the ‘520 application.
18. The ‘669 patent is valid and enforceable. The ‘669 patent claims patent-
eligible matter.
19. Defendant has actual knowledge of the ‘669 patent at least as of November
4, 2023 when an email regarding this patent was sent to Target.Brands@target.com.
20. A copy of this November 4, 2023 email is attached as Exhibit 7 to this
Complaint.
21. Defendant requested to be informed of infringement through the email
Target.Brands@target.com as can be seen in a November 3, 2023 email, attached as
Exhibit 8 to this Complaint.
22. The entire right, title, and interest in and to the ’669 patent, including all
rights to past damages, is assigned to Viniello. No assignment needs to be recorded with
the USPTO, because without an assignment, title rests with the inventor.
23. Viniello is the sole named inventor of the ‘792 patent.
24. On March 25, 2015, Viniello filed with the United States Patent and
Trademark Office (“USPTO”) Patent Application no. 29/521,696 (the ‘696 application)
directed to his inventions. On March 22, 2016, the USPTO issued the ’792 patent from
the ‘696 application.
25. The ‘792 patent is valid and enforceable. The ‘792 patent claims patent-
eligible matter.
26. Defendant has actual knowledge of the ‘792 patent at least as of November
4, 2023 when an email regarding this patent was sent to Target.Brands@target.com.
27. A copy of this November 4, 2023 email is attached as Exhibit 7 to this
Complaint.

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28. The entire right, title, and interest in and to the ’792 patent, including all
rights to past damages, is assigned to Viniello. No assignment needs to be recorded with
the USPTO, because without an assignment, title rests with the inventor.
29. Viniello along with his wife Tristy Anne Viniello are the co-inventors of
the ‘055 patent.
30. On October 30, 2015, Mark Viniello and Tristy Anne Viniello filed with
the United States Patent and Trademark Office (“USPTO”) Patent Application no.
29/544,162 (the ‘162 application) directed to his inventions. On July 18, 2017, the
USPTO issued the ’055 patent from the ‘162 application.
31. The ‘055 patent is valid and enforceable. The ‘055 patent claims patent-
eligible matter.
32. Defendant has actual knowledge of the ‘055 patent at least as of November
4, 2023 when an email regarding this patent was sent to Target.Brands@target.com.
33. A copy of this November 4, 2023 email is attached as Exhibit 7 to this
Complaint.
34. The entire right, title, and interest in and to the ’055 patent, including all
rights to past damages, is assigned to Over Active on October 29, 2015. The signed
assignment contract is attached as Exhibit 1 and was found at https://legacy-
assignments.uspto.gov/assignments/assignment-pat-36927-650.pdf.
DEFENDANT’S INFRINGING USE
35. On information and belief, Defendant and/or its affiliates, have directly
infringed claim 1 of the ‘669 Patent, the ’792 Patent, and the ‘055 Patent, by making,
using, selling and offering to sell, and by inducing and contributing to others’
infringement through their sales, offers for sale, and use of a “Mermaid shaped sleeping
bag”, and other products depicted on Defendant’s websites and sold on third party
websites (“the Accused Products”) within the United States, all without authorization or
license from Plaintiffs within the United States, less than six years before the filing of this

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Complaint, and prior to the November 24, 2029 expiration date of the ‘669 Patent, the
March 22, 2030 expiration date of the ’792 Patent, and the July 18, 2032 expiration date
of the ‘055 Patent (the “Relevant Time Period”).
36. One example of Defendant’s sale of infringing products is “The little
mermaid tail kids’ blanket Ariel” on https://www.target.com/p/the-little-mermaid-tail-
kids-39-blanket-ariel/-/A-87143855#lnk=sametab.
37. There are potentially other infringing products being sold by Defendant,
which may be uncovered in discovery. Plaintiffs reserve the right to amend this
Complaint to name such infringing products, if necessary, once they have been revealed.
FIRST CLAIM FOR RELIEF
(Infringement of the ‘669 Patent)
38. Plaintiffs repeat and realleges each and every allegation contained in
paragraphs 1-37 above as if fully set forth herein and further alleges:
39. Defendant has committed, and is continuing to commit, direct infringement
of the claim of the ‘669 patent, in violation of 35 U.S.C. § 271(a), by selling products that
are described by the claim in the U.S., during the Relevant Time Period. Defendant’s
acts of infringement include direct infringement and infringement under the Doctrine of
Equivalents.
40. Defendant has infringed and continues to infringe the claim of the ‘669
Patent by making, using, selling and offering to sell, and by inducing and contributing to
others’ infringement through their sales, offers for sale, and use of the Accused Products,
all without authorization or license from Plaintiffs.
41. A screenshot from https://www.target.com/p/the-little-mermaid-tail-kids-
39-blanket-ariel/-/A-87143855#lnk=sametab providing exemplary evidence of
infringement of the ‘669 patent is attached to this Complaint as Exhibit 9 to this
Complaint.

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42. A screenshot from https://www.target.com/p/pixiecrush-mermaid-tail-

blanket-for-teenagers-adults-kids-thick-plush-super-comfy-fleece-small-shiny-green/-/A-
89492943#lnk=sametab providing exemplary evidence of infringement of the ‘669 patent
is attached to this Complaint as Exhibit 10 to this Complaint.
43. A chart providing exemplary evidence of infringement of the ‘669 Patent is
attached to this Complaint as Exhibit 11.
44. Defendant has continued their infringement despite having notice of the
‘669 Patent. Defendant has committed and is committing willful and deliberate patent
infringement. On information and belief Plaintiffs allege Defendant’s acts of willful and
deliberate infringement will continue after service of this Complaint, rendering this case
appropriate for treble damages under 35 U.S.C. §284 and making this an exceptional case
under 35 U.S.C. §285.
45. Defendant has indirectly infringed and continues to infringe the ‘669 patent
by inducement under 35 U.S.C. 271(b). Defendant has induced and continues to induce
users and retailers of the Accused Products to directly infringe the ‘669 patent.
46. Upon information and belief, Defendant knowingly induced customers to
use its Accused Products, including, for example, by promoting such products online
(e.g., www.Target.com).
47. On information and belief, Defendant has contributed to the infringement
of the ’669 patent by the use and/or importation of the Accused Products in violation of
35 U.S.C. § 271(c). The Accused Products are not a staple article or commodity of
commerce suitable for substantial noninfringing use.
48. Plaintiffs are informed and believe, and on that basis allege, that Defendant
has gained profits by virtue of their infringement of the ‘669 Patent.
49. Defendant’s acts of infringement are and have been without Plaintiffs’
permission, consent, authorization or license. Defendant’s acts of infringement have
caused and continue to cause damage to Plaintiffs. Plaintiffs are entitled to recover from

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Defendant the damages sustained by Plaintiffs as a result of Defendant’s wrongful acts,

together with interest and costs as fixed by this Court under 35 U.S.C. §284.
50. As a direct and proximate result of Defendant’s infringement of the ‘669
Patent, Plaintiffs have, and will suffer, monetary damages and irreparable injury.
Plaintiffs’ monetary damages include, without limitation, lost profits, or at a minimum,
the right to recover a reasonable royalty. Furthermore, unless Defendant is enjoined by
this Court from continuing its infringement of the ‘669 Patent, Plaintiffs have, and will
suffer, additional irreparable damages and impairment of the value of its patent rights.
Thus, an injunction against further infringement is appropriate.
SECOND CLAIM FOR RELIEF
(Infringement of the ‘792 Patent)
51. Plaintiffs repeat and reallege each and every allegation contained in
paragraphs 1-50 above as if fully set forth herein and further alleges:
52. Defendant has committed direct infringement of each claim of the ‘792
patent, in violation of 35 U.S.C. § 271(a), by performing all the steps of each claim in the
U.S., during the Relevant Time Period.
53. Defendant has infringed and continue to infringe one or more of the claims
of the ‘792 Patent by making, using, selling and offering to sell, and by inducing and
contributing to others’ infringement through their sales, offers for sale, and use of the
Accused Products, all without authorization or license from Plaintiffs.
54. A screenshot from https://www.target.com/p/the-little-mermaid-tail-kids-
39-blanket-ariel/-/A-87143855#lnk=sametab providing exemplary evidence of
infringement of the ‘792 patent is attached to this Complaint as Exhibit 9 to this
Complaint.
55. A screenshot from https://www.target.com/p/pixiecrush-mermaid-tail-
blanket-for-teenagers-adults-kids-thick-plush-super-comfy-fleece-small-shiny-green/-/A-

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89492943#lnk=sametab providing exemplary evidence of infringement of the ‘669 patent

is attached to this Complaint as Exhibit 10 to this Complaint.
56. A chart providing exemplary evidence of infringement of the ‘669 Patent is
attached to this Complaint as Exhibit 11.
57. On information and belief, Plaintiffs allege Defendant has been, and is
currently, infringing the ‘792 patent in violation of 35 U.S.C. § 271. Defendant’s acts of
infringement include direct infringement and infringement under the Doctrine of
Equivalents.
58. Defendant has continued their infringement despite having notice of the
‘792 Patent. Defendant has committed and is committing willful and deliberate patent
infringement. On information and belief Plaintiffs allege Defendant’s acts of willful and
deliberate infringement will continue after service of this Complaint, rendering this case
appropriate for treble damages under 35 U.S.C. §284 and making this an exceptional case
under 35 U.S.C. §285.
59. Defendant has indirectly infringed and continues to infringe the ‘792 patent
by inducement under 35 U.S.C. 271(b). Defendant has induced and continues to induce
users and retailers of the Accused Products to directly infringe the ‘792 patent.
60. Upon information and belief, Defendant knowingly induced customers to
use its Accused Products, including, for example, by promoting such products online
(e.g., www.Target.com).
61. On information and belief, Defendant has contributed to the infringement
of the ’792 patent by the use and/or importation of the Accused Products in violation of
35 U.S.C. § 271(c). The Accused Products are not a staple article or commodity of
commerce suitable for substantial noninfringing use.
62. Plaintiffs are informed and believe, and on that basis allege, that Defendant
has gained profits by virtue of their infringement of the ‘792 Patent.

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63. Defendant’s acts of infringement are and have been without Plaintiff’s
permission, consent, authorization or license. Defendant’s acts of infringement have
caused and continue to cause damage to Plaintiffs. Plaintiffs are entitled to recover from
Defendant the damages sustained by Plaintiffs as a result of Defendant’s wrongful acts,
together with interest and costs as fixed by this Court under 35 U.S.C. §284.
64. As a direct and proximate result of Defendant’s infringement of the ‘792
Patent, Plaintiffs have, and will suffer, monetary damages and irreparable injury.
Plaintiffs’ monetary damages include, without limitation, lost profits, or at a minimum,
the right to recover a reasonable royalty. Furthermore, unless Defendant is enjoined by
this Court from continuing its infringement of the ‘792 Patent, Plaintiffs have, and will
suffer, additional irreparable damages and impairment of the value of its patent rights.
Thus, an injunction against further infringement is appropriate.
THIRD CLAIM FOR RELIEF
(Infringement of the ‘055 Patent)
65. Plaintiffs repeats and reallege each and every allegation contained in
paragraphs 1-64 above as if fully set forth herein and further alleges:
66. Defendant has committed direct infringement of each claim of the ‘055
patent, in violation of 35 U.S.C. § 271(a), by performing all the steps of each claim in the
U.S., during the Relevant Time Period.
67. Defendant has infringed and continue to infringe one or more of the claims
of the ‘055 Patent by making, using, selling and offering to sell, and by inducing and
contributing to others’ infringement through their sales, offers for sale, and use of the
Accused Products, all without authorization or license from Plaintiffs.
68. On information and belief, Plaintiffs allege Defendant has been, and is
currently, infringing the ‘055 patent in violation of 35 U.S.C. § 271. Defendant’s acts of
infringement include direct infringement and infringement under the Doctrine of
Equivalents.

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69. Defendant has continued their infringement despite having notice of the
‘055 Patent. Defendant has committed and is committing willful and deliberate patent
infringement. On information and belief Plaintiffs allege Defendant’s acts of willful and
deliberate infringement will continue after service of this Complaint, rendering this case
appropriate for treble damages under 35 U.S.C. §284 and making this an exceptional case
under 35 U.S.C. §285.
70. Defendant has indirectly infringed and continues to infringe the ‘055 patent
by inducement under 35 U.S.C. 271(b). Defendant has induced and continues to induce
users and retailers of the Accused Products to directly infringe the ‘055 patent.
71. Upon information and belief, Defendant knowingly induced customers to
use its Accused Products, including, for example, by promoting such products online
(e.g., www.Target.com).
72. On information and belief, Defendant has contributed to the infringement
of the ’055 patent by the use and/or importation of the Accused Products in violation of
35 U.S.C. § 271(c). The Accused Products are not a staple article or commodity of
commerce suitable for substantial noninfringing use.
73. Plaintiffs are informed and believe, and on that basis allege, that Defendant
has gained profits by virtue of their infringement of the ‘055 Patent.
74. Defendant’s acts of infringement are and have been without Plaintiffs’
permission, consent, authorization or license. Defendant’s acts of infringement have
caused and continue to cause damage to Plaintiffs. Plaintiffs are entitled to recover from
Defendant the damages sustained by Plaintiffs as a result of Defendant’s wrongful acts,
together with interest and costs as fixed by this Court under 35 U.S.C. §284.
75. As a direct and proximate result of Defendant’s infringement of the ‘055
Patent, Plaintiffs have, and will suffer, monetary damages and irreparable injury.
Plaintiffs’ monetary damages include, without limitation, lost profits, or at a minimum,
the right to recover a reasonable royalty. Furthermore, unless Defendant is enjoined by

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this Court from continuing its infringement of the ‘055 Patent, Plaintiffs have, and will
suffer, additional irreparable damages and impairment of the value of its patent rights.
Thus, an injunction against further infringement is appropriate.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray judgment against each Defendant as follows:
A. hat Defendant has infringed and is infringing the ‘669 Patent, the ‘792
patent, and the ‘055 patent;
B. That such infringement is willful;
C. That Defendant be ordered to pay Plaintiffs damages caused by said
Defendant’s infringement of the ‘669 Patent, the ‘792 patent, and the ‘055
patent, and that such damages be trebled in accord with 35 U.S.C. § 284,
together with interest thereon;
D. That this case be declared exceptional pursuant to 35 U.S.C. § 285 and that
Plaintiffs be awarded reasonable attorney’s fees and costs; and
E. That Plaintiffs shall have such other and further relief as this Honorable
Court may deem just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs Mark
Viniello and Over Active Imaginations, Inc. hereby demand a jury trial on all of their
claims, causes of action and issues that are triable by jury.

BRADFORD ANDRESEN NORRIE & CAMAROTTO

Date: February 13, 2024 By s/ Mark R. Bradford

Mark R. Bradford (MN #335940)
3600 American Blvd. W., Suite 670
Bloomington, MN 55431
Telephone: (612) 474-1811
mbradford@banclaw.com

Attorneys for Plaintiffs Mark Viniello and

OverActive Imaginations, Inc.

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USOOD743669S

(12) United States Design Patent (10) Patent No.: US D743,669 S

Viniello (45) Date of Patent: . Nov. 24, 2015
(54) SLEEPING BAG D434,261 S * 1 1/2000 Rosenstadt et al. ............ D6,598
D438,712 S * 3/2001 Chapman ........... D3/217
(71) Applicant: Mark Viniello, Santa Clarita, CA (US) D70 1,019 S * 3/2014 Grefe” ............................ D2/731
* cited by examiner
(72) Inventor: Mark Viniello, Santa Clarita, CA (US)
Primary Examiner — Rashida Johnson
(**) Term: 14 Years (74) Attorney, Agent, or Firm — Timberline Patent Law
(21) Appl. No. 29/446,520 Group PLLC; Mark Farrell
(22) Filed: Feb. 25, 2013 (57) CLAM
(51) LOC (10) Cl. ................................................ 02-02 The ornamental design for a sleeping bag, as shown and
(52) U.S. Cl. described.
USPC ........................................................... D2/719
(58) Field of Classification Search DESCRIPTION
USPC ............ D2/718, 719, 741; 2/81, 84, 88, 69.5;
D6/603,605; 5,413 R; D3/213 FIG. 1 is a front view of a sleeping bag.
See application file for complete search history. FIG. 2 is a back view of the sleeping bag of FIG. 1.
FIG. 3 is a top view of the sleeping bag of FIG. 1.
(56) References Cited FIG. 4 is a left view of the sleeping bag of FIG. 1.
U.S. PATENT DOCUMENTS FIG.S is a right view of the sleeping bag of FIG. 1; and,
FIG. 6 is a bottom view of the sleeping bag of FIG. 1.
D214,232 S * 5/1969 Dale .............................. D2/719
D252,308 S * 7/1979 Ochwat .......................... D2/719 1 Claim, 6 Drawing Sheets
 CASE 0:24-cv-00455 Doc. 1-4 Filed 02/13/24 Page 3 of 8

U.S. Patent Nov. 24, 2015 Sheet 1 of 6 US D743,669 S

FIG. 1
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U.S. Patent Nov. 24, 2015 Sheet 2 of 6 US D743,669 S

A
FIG. 2
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U.S. Patent Nov. 24, 2015 Sheet 3 of 6 US D743,669 S

2NZ ZaSY Y-1 CN

S VV Nil/VIS 2

FIG. 3
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U.S. Patent Nov. 24, 2015 Sheet 4 of 6 US D743,669 S

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U.S. Patent Nov. 24, 2015 Sheet 5 of 6 US D743,669 S

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U.S. Patent Nov. 24, 2015 Sheet 6 of 6 US D743,669 S

F.G. 6
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EXHIBIT
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USOOD751792S

(12) United States Design Patent (10) Patent No.: US D751,792 S

Viniello (45) Date of Patent: . Mar. 22, 2016
(54) SLEEPING BAG D434,261 S * 1 1/2000 Rosenstadt .................. D21,611
D438,712 S * 3/2001 Chapman ... ... D3,216
D487,836 S * 3/2004 Cowdin ............. D2,719
(71) Applicant: Mark Viniello, Santa Clarita, CA (US) D541,506 S * 5/2007 Heiman-Philpott D2,719
ck
(72) Inventor: Mark Viniello, Santa Clarita, CA (US) E66 s ck 385 Ayrth . . . . . . . . . r BZE
D70 1,019 S * 3/2014 Grefe' ... D2,731
(**) Term: 14 Years D708.422 S * 7/2014 Trent ............................. D2/719
(21) Appl. No. 29/521,696 * cited by examiner
(22) Filed: Mar 25, 2015 Primary Examiner — Rashida Johnson
9 74) Attorney, Agent, or Firm — Mark Farrell; Timberline
ey, Ag
Related U.S. Application Data Patent Law Group PLLC
(62) Division of application No. 29/446,520, filed on Feb.
25, 2013, now Pat. No. Des. 743,669. (57) CLAM
The ornamental design for a sleeping bag, as shown and
(51) LOC (10) Cl. ................................................ 02-02 described.
(52) U.S. Cl.
USPC - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D2/719 DESCRIPTION

(58) Field of Classification Search

USPC ..................................... D2/719; D6/603, 605 FIG. 1 is front view of a sleeping bag.
See application file for complete search history. FIG. 2 is a back view of the sleeping bag.
FIG. 3 is a top view of the sleeping bag.
(56) References Cited FIG. 4 is a left view of the sleeping bag.
U.S. PATENT DOCUMENTS FIG.S is a right view of the sleeping bag; and,
FIG. 6 is a bottom view of the sleeping bag.
D214,232 S * 5/1969 Dale D2,719
D252,308 S * 7/1979 Ochwat .......................... D2/719 1 Claim, 3 Drawing Sheets
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U.S. Patent Mar. 22, 2016 Sheet 1 of 3 US D751,792 S

FIG. 1
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U.S. Patent Mar. 22, 2016 Sheet 2 of 3 US D751,792 S

FIG. 2
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U.S. Patent Mar. 22, 2016 Sheet 3 of 3 US D751,792 S

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EXHIBIT
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USOOD792055S

(12) United States Design Patent (10) Patent No.: US D792,055 S

Viniello et al. (45) Date of Patent: Jul.18, 2017
(54) MERMAD SLEEPING BAG OTHER PUBLICATIONS

(71) Applicant: Over Active Imaginations, Inc., Santa The miniature knit shop mermaid sleeping bag, posted at
Clarita, CA (US) thumbeline.com, earliest date available Nov. 14, 2014, online,
acquired on Sep. 15, 2016. Available from Internet, <URL:http://
(72) Inventors: Mark Viniello, Santa Clarita, CA (US); www.thumbeline.com/accessories/accessories-sleeping-bags-blan
Tristy Anne Viniello, Santa Clarita, CA kets/the-miniature-knit-shop-mermaid-sleeping-bag.html>.
(US) (Continued)
(73) Assignee: OVERACTIVE IMAGINATIONS, Primary Examiner — Cathron Brooks
INC., Santa Clarita, CA (US) Assistant Examiner — Aula Soroush
(**) Term: 15 Years (74) Attorney, Agent, or Firm — Cislo & Thomas, LLP
(21) Appl. No.: 29/544,162 (57) CLAM
(22) Filed: Oct. 30, 2015 The ornamental design for a mermaid sleeping bag, as
shown and described.
(51) LOC (10) Cl. ............................................... 02-01
(52) U.S. C.
USPC ........................................................... D2/719 DESCRIPTION
(58) Field of Classification Search
USPC .......... D2/719, 741; D6/589, 595, 596, 598, FIG. 1 is a perspective view of a first embodiment of a
D6/601-603, 617; D21/803-809 mermaid sleeping bag showing my new design;
CPC ........... A47G 9/08: A47G 9/083: A47G 9/086 FIG. 2 is a front view thereof;
See application file for complete search history. FIG. 3 is a back view thereof;
FIG. 4 is a side view thereof;
(56) References Cited FIG. 5 is a top plain view thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a bottom plain view thereof;
FIG. 7 is a perspective view of second embodiment of a
3,344,449 A * 10/1967 Grilli ..................... A63B 31/12 mermaid sleeping bag showing my new design;
2.67 FIG. 8 is a front view thereof;
D214,232 S * 5/1969 Dale .............................. D2/719 FIG. 9 is a back view thereof;
D252,308 S * 7, 1979 Ochwat ... D2,719 FIG. 10 is a side view thereof;
D256,202 S * 8/1980 Schmickel ... ... 2.69.5
D271,071 S * 10/1983 Koether ........................ 5/413 R FIG. 11 is a top plain view thereof; and,
4,541,810 A * 9/1985 Wenzel .................. A63B 31, 11 FIG. 12 is a bottom plain view thereof.
441.64 The evenly spaced broken lines illustrate stitching on the
D365,378 S * 12/1995 Wolfe .......................... D21,809 mermaid sleeping bag and form part of the claimed design.
D679,480 S * 4/2013 Geurts ... ... D2,741 The other, unevenly spaced lines are contour lines that form
D70 1,019 S * 3/2014 Grefe” ....... D2,731 part of the claimed design. The cross hatch Surface shading
D743,669 S * 11/2015 Viniello ... D2,719
D745,248 S * 12/2015 Lenzmeier ... D2,719 indicates fabric and is understood to exist throughout all
D751,792 S 3, 2016 Viniello Surfaces of the claimed design.
D766,012 S * 9/2016 Moore ........................... D2/719
(Continued) 1 Claim, 6 Drawing Sheets
 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 3 of 9

US D792,055 S
Page 2

(56) References Cited

U.S. PATENT DOCUMENTS
D766,013 S * 9/2016 Moore ........................... D2/719
2011/021789.0 A1* 9, 2011 Fleck ..................... A63B 31/12
441/60
2011/0250818 A1* 10/2011 Geurts .................... A63J 7,005
446.26

OTHER PUBLICATIONS
Crochet Tutorial: Mermaid Tail Afghan, posted at yarnutopia.com,
earliest date available Apr. 29, 2015, online), acquired on Sep. 15.
2016. Available from Internet, <URL:https://yarnutopia.com/2015/
04/29/how-to-crochet-video-tutorial-mermaid-tail-afghan-pattern
3-sizes-Small-child-medium-teen-large-adult/>.*
U.S. Appl. No. 29/446,520, filed Feb. 25, 2013, Viniello.
* cited by examiner
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U.S. Patent Jul.18, 2017 Sheet 1 of 6 US D792,055 S

 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 5 of 9

U.S. Patent Jul.18, 2017 Sheet 2 of 6 US D792,055 S

Waw awawaw was Waw awn

s
aw was
 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 6 of 9

U.S. Patent Jul.18, 2017 Sheet 3 of 6 US D792,055 S

Fig. 5

Fig. 6
 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 7 of 9

U.S. Patent Jul.18, 2017 Sheet 4 of 6 US D792,055 S

 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 8 of 9

U.S. Patent Jul.18, 2017 Sheet S of 6 US D792,055 S

 CASE 0:24-cv-00455 Doc. 1-6 Filed 02/13/24 Page 9 of 9

U.S. Patent Jul.18, 2017 Sheet 6 of 6 US D792,055 S

Fig.11
CASE 0:24-cv-00455 Doc. 1-7 Filed 02/13/24 Page 1 of 2

EXHIBIT
7
12/19/23, 11:28 AM CASE 0:24-cv-00455 Murthy
Doc. Patent
1-7 Law
Filed
PLLC02/13/24 Page 2 of 2
Mail - patent infringement

karthik murthy <k@murthypatentlaw.com>

patent infringement
1 message

karthik murthy <k@murthypatentlaw.com> Sat, Nov 4, 2023 at 9:33 AM

To: Target.Brands@target.com

Target,
My name is Karthik Murthy, I am a patent attorney at Murthy Patent Law Inc.

I represent Mark Viniello and Over Active Imaginations, Inc., owners of issued design patents US D743,669,
D751,792 and D792,055 that cover Mermaid sleeping bags.

Target has infringed all 3 patents.

Please let me know if you would like to discuss this matter. Feel free to email me at
K@MurthyPatentLaw.com or call at +1-425-968-5342.

Thanks,

Karthik Murthy
Attorney | Murthy Patent Law Inc.
Email: K@MurthyPatentLaw.com
Tel/Direct: +1 425 968 5342
www.MurthyPatentLaw.com
LinkedIn | Facebook

The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the
intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any
unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is
strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the
message. To contact us directly, send to K@MurthyPatentLaw.com

https://mail.google.com/mail/u/2/?ik=1430eec5d6&view=pt&search=all&permthid=thread-a:r7085529044381827674&simpl=msg-a:r75564869715902… 1/1
CASE 0:24-cv-00455 Doc. 1-8 Filed 02/13/24 Page 1 of 3

EXHIBIT
8
12/19/23, 11:30 AM CASE 0:24-cv-00455 Doc.
Murthy Patent Law1-8 Filed
PLLC Mail 02/13/24
- Over Page// Target
Active Imaginations 2 of matter
3

karthik murthy <k@murthypatentlaw.com>

Over Active Imaginations // Target matter

1 message

Target.Brands <Target.Brands@target.com> Fri, Nov 3, 2023 at 5:00 PM

To: "k@murthypatentlaw.com" <k@murthypatentlaw.com>

Mr. Murthy,

Please put any concerns your client has in writing and send them to Target.Brands@target.com.

Thank you,

¤Target Brands, Inc.|1000 Nicollet Mall, TPS-3165|Minneapolis, MN 55403

https://mail.google.com/mail/u/2/?ik=1430eec5d6&view=pt&search=all&permthid=thread-f:1781589364730782653&simpl=msg-f:17815893647307826… 1/2
12/19/23, 11:30 AM CASE 0:24-cv-00455 Doc.
Murthy Patent Law1-8 Filed
PLLC Mail 02/13/24
- Over Page// Target
Active Imaginations 3 of matter
3

Sent from my iPhone

https://mail.google.com/mail/u/2/?ik=1430eec5d6&view=pt&search=all&permthid=thread-f:1781589364730782653&simpl=msg-f:17815893647307826… 2/2
CASE 0:24-cv-00455 Doc. 1-9 Filed 02/13/24 Page 1 of 2
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CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 2 of 7

Claim chart

Mermaid design patents

USD743669, USD751792 and USD792055
Vs
Target

1
CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 3 of 7

2
CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 4 of 7

3
CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 5 of 7

4
 CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 6 of 7

Claim chart showing infringement of 1 or more of the design patents

USD743669 https://www.target.com/p/pixiecrush-mermaid-tail-blanket-for-
teenagers-adults-kids-thick-plush-super-comfy-fleece-small-
shiny-green/-/A-89492943#lnk=sametab

USD751,792
This is made by Pixiecrush

5
 CASE 0:24-cv-00455 Doc. 1-11 Filed 02/13/24 Page 7 of 7

USD743669 https://www.target.com/p/the-little-mermaid-tail-kids-39-blanket-
ariel/-/A-87143855

USD751,792

This is likely made by Disney, considering the use of “Ariel” and

“the little Mermaid”

6
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